Could I Be Liable If I'm Hit by a Car While Walking in a Crosswalk?

Crosswalks are meant to provide pedestrians with a safe place to cross the street, but unfortunately, accidents still occur. Being struck by a car while you are in a designated crosswalk can lead to devastating injuries, expensive medical bills, and long-term emotional distress. Many injured pedestrians are left wondering who is legally responsible for their damages. Understanding liability in these situations is critical, especially in Colorado Springs where both state law and local traffic regulations can play an important role in determining fault.

Driver Responsibility in Crosswalk Accidents

Motorists carry a legal duty of care to everyone on the road, including pedestrians. When approaching a marked crosswalk, Colorado law requires drivers to yield the right-of-way to individuals who are crossing legally. If a driver fails to stop, speeds through an intersection, or disregards traffic signals, they can often be held accountable for the collision. In many cases, the driver’s negligence is the main factor in determining liability.

Some of the most common examples of negligent driving behavior that lead to pedestrian accidents include:

• Texting, talking on the phone, or otherwise engaging in distracted driving
• Running red lights or failing to stop at stop signs
• Excessive speeding that prevents the driver from stopping in time
• Driving under the influence of alcohol or drugs
• Failing to yield to pedestrians in clearly marked crosswalks

Any of these actions can put pedestrians at risk, and when they result in an accident, the driver is often considered liable. Victims may pursue compensation for medical care, rehabilitation costs, lost wages, and other damages related to the incident.

When Pedestrians May Share Liability

Although drivers bear a significant responsibility, pedestrians must also follow the rules of the road. Liability is not always placed entirely on the driver, especially if the pedestrian contributed to the accident. For example, if someone crosses outside of a crosswalk, ignores a “Do Not Walk” signal, or suddenly steps into the roadway without giving drivers time to stop, they may share a percentage of the fault.

Colorado uses a modified comparative negligence system. This means that an injured pedestrian can still recover compensation as long as they are found to be less than 50 percent responsible for the accident. However, their total recovery will be reduced by the percentage of fault assigned to them. For example, if a pedestrian is awarded $100,000 but is found 20 percent at fault, their compensation would be reduced to $80,000. If the pedestrian is 50 percent or more responsible, they may be barred from collecting damages entirely.

This system underscores how important it is to carefully examine the details of each case. Even if the driver is clearly negligent, insurance companies often try to shift some blame onto the pedestrian to minimize payouts. Having a strong legal advocate can make a significant difference in protecting your rights and ensuring you are not unfairly blamed for the accident.

How Liability Is Determined After a Crosswalk Accident

Determining liability in pedestrian accident cases involves a detailed investigation. Multiple sources of evidence may be collected and analyzed to piece together exactly what happened. Some of the most common factors used to determine fault include:

• Police reports: Officers who respond to the scene will often document driver behavior, pedestrian location, and witness statements.
• Traffic camera or surveillance footage: Video evidence can provide clear proof of whether the driver or pedestrian failed to follow traffic laws.
• Accident reconstruction: Experts may recreate the collision using data such as skid marks, vehicle damage, and road conditions.
• Witness testimony: Individuals who saw the accident can offer critical details about the behavior of both the driver and pedestrian.

Insurance companies will review these materials to determine liability, but their conclusions may not always favor the injured party. Our pedestrian accident lawyers understand how insurers operate, and we are prepared to challenge their findings when they attempt to minimize or deny valid claims. We gather evidence, consult with experts, and build a strong case to support your right to full compensation.

What Compensation May Be Available to Injured Pedestrians

Being hit by a car while in a crosswalk can cause serious and sometimes life-changing injuries. Victims may suffer from broken bones, traumatic brain injuries, spinal cord damage, or long-term mobility issues. The financial costs can quickly become overwhelming. Fortunately, personal injury claims can provide compensation for a wide range of damages, including:

• Emergency medical treatment and hospital bills
• Ongoing medical care such as physical therapy and rehabilitation
• Lost wages if the injury prevents you from working
• Loss of future earning capacity if you are unable to return to your previous occupation
• Pain and suffering, which includes both physical pain and emotional distress
• Property damage, such as damaged personal belongings

Every case is different, and the exact amount of compensation will depend on the circumstances of the accident, the severity of the injuries, and the available insurance coverage. A skilled attorney can evaluate your case and fight for the maximum recovery you are entitled to receive.

Steps to Take After a Crosswalk Accident

Knowing what to do immediately after being hit by a car can make a major difference in the strength of your case. The following steps can help protect your health and preserve evidence for your claim:

• Call the police: A formal police report is essential for documenting the accident.
• Seek medical attention right away: Even if you think your injuries are minor, it is important to get evaluated by a medical professional.
• Collect evidence: If possible, take photos of the accident scene, the vehicle, and your injuries.
• Obtain witness information: Statements from those who saw the collision can provide valuable support for your claim.
• Consult with an attorney: An experienced lawyer can advise you on your rights, communicate with insurance companies, and begin building your case immediately.

Following these steps not only helps protect your health but also strengthens your ability to pursue fair compensation. Delaying medical treatment or failing to document the accident can give insurers room to argue against your claim.

Get Help From a Colorado Springs Pedestrian Accident Lawyer

If you were hit by a car while walking in a crosswalk, you may be facing a long recovery and a complicated legal process. You do not need to face these challenges alone. We are here to provide the support, guidance, and representation you deserve. Our team will carefully evaluate your case, gather evidence, and fight for the best possible outcome on your behalf.

If you have questions about your rights or are ready to begin pursuing a claim, we encourage you to contact us today. We are committed to helping injured pedestrians in Colorado Springs secure the compensation they need to rebuild their lives.